Appellate Division: Second Judicial Department

M297736

AFA/

BETSY BARROS, J.P.

LARA J. GENOVESI

DEBORAH A. DOWLING

LAURENCE L. LOVE, JJ.

2023-03452, 2023-03460, 2023-06752 Deutsche Bank National Trust Company, etc., plaintiff-respondent, v Rachel Basher, et al., defendants-appellants, et al., defendants. (Index No. 7712/2012)

DECISION & ORDER ON MOTION

2024-02808, 2024-02809

Deutsche Bank National Trust Company,

etc., plaintiff-respondent, v PF Holding LLC, etc.,

et al., defendants, RB East 13 LLC, defendant-

appellant; Rachel Basher, non-party-appellant.

(Index No. 7712/2012)

Appeals from four orders of the Supreme Court, Kings County, two dated January 31, 2023, one dated May 3, 2023, and one dated December 20, 2023, respectively, and a judgment of the same court dated December 20, 2023. Motion by the appellants, in effect, to consolidate the appeals from the orders dated January 31, 2023, and May 3, 2023, with the appeals from the order dated December 20, 2023, and the judgment, to deem the record and briefs filed in connection with the appeals from the orders dated January 31, 2023, and May 3, 2023, also to be filed in connection with the appeals from the order dated December 20, 2023, and the judgment, and to file a supplemental record containing the order dated December 20, 2023, and the judgment. Separate motion by the appellants to stay all proceedings in the above-entitled action, including the sale of the subject premises, pending hearing and determination of the appeals.

Upon the papers filed in support of the motion, in effect, to consolidate the appeals from the orders dated January 31, 2023, and May 3, 2023, with the appeals from the order dated December 20, 2023, and the judgment, and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the motion to stay all proceedings in the above-entitled action, including the sale of the subject premises, and the papers filed in opposition thereto, it is

ORDERED that the motion, in effect, to consolidate the appeals from the orders dated January 31, 2023, and May 3, 2023, with the appeals from the order dated December 20, 2023, and the judgment, and to deem the record and briefs filed in connection with the appeals from the orders dated January 31, 2023, and May 3, 2023, also to be filed in connection with the appeals from the order dated December 20, 2023, and the judgment, is granted, the appeals are consolidated, the record and briefs filed in connection with the appeals from the orders dated January 31, 2023, and May 3, 2023, are deemed also to be filed in connection with the appeals from the order dated December 20, 2023, and the judgment, and on or before August 14, 2024, the parties shall serve and file, via NYSCEF, replacement briefs which contain Appellate Division Docket Nos. 2024-02808 and 2024-02809 in addition to Appellate Division Docket Nos. 2023-03452, 2023-03460, and 2023-06752 on the covers, as well as changes to the caption to reflect the caption for the judgment, and the appellants shall serve and file, via NYSCEF, a replacement record which contains the order dated December 20, 2023, and the judgment, and the notice of appeal from the order dated December 20, 2023, and the judgment, and Appellate Division Docket Nos. 2024-02808 and 2024-02809 in addition to Appellate Division Docket Nos. 2023-03452, 2023-03460, and 2023-06752 on the cover, as well as changes to the caption to reflect the caption for the judgment; and it is further,

ORDERED that the motion to stay all proceedings in the above-entitled action, including the sale of the subject premises, pending hearing and determination of the appeals, is granted, and all proceedings in the above-entitled action, including the sale of the subject premises, are stayed, pending hearing and determination of the appeals.

BARROS, J.P., GENOVESI, DOWLING and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court